Аннотация: The article is devoted to Pyotr Ershov, an author of the fairy tale “Konyok- Gorbunok” (“The Humpbacked Horse”). This fairy tale is estimated also as political satire, religious story, etc. But sometimes there are doubts about its authorship. There are at least 10 versions of its origin. The author tries to study to versions of authorship of the fairy tale, namely, by Alexander Pushkin and by composer Nicolay Devitte.

Аннотация: In article the author examines one of kinds of the state regalia in Russia – forest regalia, and also legislative regulation process, manufacturing, gunpowder sale in the state monopoly regime. In article two stages of the forest regalia regulation are considered: the first stage – the forest domain use on the free beginnings, the second stage – the state monopoly establishment for a forestry use. The author concludes that the forest regalia had a political character in a greater degree – it was necessary for strengthening of the international, naval strategic positions of Russia. Forest was used in ship building, for factories construction, ports and courts. The author considers that exactly coordinating norms in the examined sphere that has affected increase of treasury profits by Peter I have been established. The author passes opinions that the Russian forest was one of the most qualitative and sold goods in Russia, however this manufacture brought the big damage to large forests and demanded of assumption of forest keeping measures. The author estimates the policy of Peter I and Catherine II in the field of preservation of forests, the system of the measures connected with the manufacturing organization and forest sale is analyzed. The author notices that in the beginning of XVIII century Peter I extended the state monopoly for manufacturing, purchase and forest sale which remained monopolized during ten years and brought in the stable budgetary income. The author considers that the forest regalia really brought the big income and treasury also. In article the author comes to a conclusion that the examined regalia were most constant in similar types of income. In the work the author did not only investigate legislative measures of the forest regalia regulation, but also has studied the legislation history in the field of the forest domain, some of its use foundations in Russia, has given a role analysis, importance of the forest regalia in political sphere. He has brought up the question about a choice between an expediency of warships building and a damage caused to forestry. Issue questions were put by the author in sphere of the legislation also and the incentive policy in the seller relation. The author concludes about the experience use necessity of last years and a establishing of the forest state regalia in relation to cutting down and woods sale and creation of the centralized forestry controller.

Аннотация: The article deals with debatable question: is it possible to take criminal or administrative proceedings against municipal deputy as a functionary? Judicial opinion sees the deputy as public officer. The federal law about common principle of municipal organization distinguishes the conceptions of elective public officer and municipal deputy. The author on the basis of federal legislation, regional legislation and judicial practice comes to the conclusion, that in case of taking criminal or administrative proceeding against municipal deputy, he should be seen as public officer, taking into account his representative and authoritative functions on the territory of municipality. In authors opinion the municipal deputy is a public officer, a functionary. The article concerns with reasoning, why it is important to enact the federal law about the status of elective municipal deputy and to make qualitative changes in criminal legislation taking into account the specific of municipal authorities, whose representative the municipal deputy is.

Аннотация: The system of law in our country consists of different branches of law. Laws of Russia confide to Constitution of Russia, federal constitutional law, federal law and law of subject of Russian Federation. The executive power in Russia shall be exercised by the Government of the Russian Federation. The Government of the Russian Federation consists of the Chairman of the Government of the Russian Federation, Deputy Chairmans the Government of the Russian Federation and federal ministries. On the basis and for the sake of implementation of the Government of the Constitution of the Russian Federation, federal laws, normative decrees of the President of the Russian Federation the Government of the Russian Federation shall issue decision and orders and ensures their implementation. The decision and orders of the Government of the Russian Federation shall be obligatory for fulfillment in the Russian Federation. The decision and orders of the Government of the Russian Federation, if they inconsistent with the Constitution of the Russian Federation, federal law and the decrees of the President of the Russian Federation, may be cancelled by the President of the Russian Federation. Federal bodies of executive power may to issue of federal administrative act. Administrative law is one of the most important branches of law in the Russian Federation. Rules of this branch govern the majority of legal public relation, developed equally in the sphere of system and structure of state bodies’ organization and in the sphere of their legal public activity. The subject of administrative law is public relation, which occur, are modified and ceased during realization of the executive power, public administration and other non- administrative by-laws regulatory authoritative power. Rules of administrative law are so numerous and subject of their legal regulation is so broad that it is appeared crucial to state unique definitions – legal concepts, on which this branch of law theory is based. Administrative legislation is uncodified to utmost extent. Currently there exist a large number of non-interrelated rules of the administrative laws that are contained in different sources adopted by the authorities of different levels. Interaction and coordination on these rules are not regulated, often resulting in contradicting and duplicating. For the purpose of implementation of the principle of democratism it would be expedient to separate the whole group of the rules regulating the administrative legal status of citizens as an independent section and to issue a unified codified act covering these matters.

Аннотация: Establishing evidence of guilt of the legal person carries the objective difficulties, resulting primarily from the fact that the jurisdictional activity first considers the organization as a subject of administrative responsibility. There are different approaches to an explanation of essence of the problem, on the resolution of which depends largely on the effectiveness of law enforcement, in the analytical studies and practice. Analysis of the legislation suggests that allowed correlation of administrative liability of legal entities and individuals, but excludes the possibility of identifying signs of fault that the qualification which is based on different legal criteria. Applying the concept of personalized responsibility in these cases is impossible. Motivation action of organization is incompatible with the establishment of any kind was psychological criteria associated with the identification of the presence of strong-willed prerequisite act, moral motivation of corporate activity, including and qualifications of intent and negligence, is applicable only to individuals. A qualification of corporate guilt is an orderly process of law enforcement agencies, carried out at various stages of public law. The status of corporate entity of private or public law is setting at the administrative stage. The circumstances identified at this stage, determine all the subsequent proceedings are carried out at the jurisdictional stage of production, these are the signs of the establishment of corporate crime, its impact on their property causing damage or harm the business reputation of the legal person. Identifying corporate guilt is always fraught with the establishment objective qualifying criteria. This imputation of misconduct of a legal entity is possible only in case of establishing a causal relation of objective and subjective criteria of guilt. The presence or absence of subjective criteria of guilt may also be caused by its own corporate activities, namely, its property and financial preconditions. Identification of such assumptions is one of the essential conditions of the jurisdictional activity. Qualifications of the administrative and other public offense committed by a legal person, is always due to the presence of the misconduct, the elements of which are characteristic only of the corporate offense.

Аннотация: The article is concerned with rules of legislative techniques. One of rules of legislative techniques assumes a complete, exact and compact statement of rule. It is impossible without observance of requirements to law language. To be an effective remedy of a regulation of the judicial discretion, penal statute language should meet following requirements: to be clear and simple; the exact; the economic. The requirement to clearness and simplicity of language of the penal statute isn’t limited to that the clear regulation is clear to contractors, and not clear and difficult law is inconvenient in application, demands additional efforts and interpretation. Clearness of the law has great value, promoting legality strengthening, introduction of the accurate legal beginnings in all spheres of public life that serves as the necessary precondition of strengthening of authority of the legislation and feeling of legality in consciousness of people. Not less actual requirement to law language as to legislative means of restriction of the judicial discretion, the maximum accuracy of its expressions, i.e. achievement of the greatest conformity between idea, thought of the legislator and an embodiment of this thought in the legislative formula is.

Аннотация: The article offers to readers addresses an influence of powers of a trust manager on the scope of trustor’s property right. A stand on the way how trust management affects the trustor’s relationship with third parties is made up. The practice of interpreting and applying trust management laws being established is analyzed looking through a medium of determining priorities in resolving the conflict between powers of owner and manager. Considering the need for a balanced system of limits and encumbrances of civil rights, a conclusion disproving the characterization of trust management as limitation of trustor’s rights is offered. An existence of a fundamental legal right of owner to possess, use and dispose of a thing transferred to a trust is acknowledged. In this case, in connection with somewhat equivocation of said conclusion and availability of judicial acts based on the contrary notions, an opinion about necessity to expressly permit the trustor to exercise his owner’s powers in respect of his estate by the law is offered. The fact itself of the trustor disposing of the thing transferred to a trust is offered to be qualified as a repudiation of the trust agreement permitted by the law, even if such repudiation is made with violation of obligation to notify the manager of agreement termination in due time. The author offers a method of proving the proprietary and obligatory nature of the trust management based on the results of a check of trust manager’s faculty for property right encumbrance regarding property trust management. A conclusion on absence of a crucial feature of proprietary encumbrance – following after the thing – in the structure of trust management is made. Moreover, the proposal to entrench this feature in the trust manager’s powers is not recognized. Proposals to alter provisions of the effective laws on state registration of rights to immovable property which groundlessly define trust management as a limitation and encumbrance of a property right are made. An idea of expediency of a state registration of transfer of immovable property to a trust not as a limitation proprietary right, limitation or encumbrance of property right, but as quasilimitations and quasiencumbrances is suggested.

Аннотация: The article analyses the most important draft legislative acts concerning the Land Laws, which have been offered for review and approval to the State Parliament (Duma), The Federal Legislation Chamber. In particular, the following issues are analysed and addressed: (a) the principal problems with the lands designated as the agricultural lands and the dealings with such lands; and (b) the suggested amendments to the Land Code of the Russian Federation and to the various Federal legislative acts in connection with the improvement of the procedure for taking possession of the land plots for the state and municipal purposes. The article contains the quotes from the current legislation, the amendments and additions suggested by the draft legislative acts, together with the comments from the author. The new draft legislative acts propose amendments to the current progressive and fair provisions of the Civil Code, Residence Code and the Law of Valuation Activity. The draft legislative acts contradict the founding principles of the current legislation. They contain unacceptable tendency. More than 80% of the amendments suggested by the draft legislative acts will negatively affect the rights of the owners of the plots of land and residential properties. In particular, such amendments will limit the Constitutional rights of the citizens to have residential property or the survival opportunities of the people whose property has suffered from fire or natural disasters. The draft legislative acts do not define the exclusive events when the state may take possession of the property for the state or municipal use. Neither do they provide the definition of the municipal use. The draft legislative acts do not offer any assistance in reaching the main goal here – i.e. legal protection against the invalid and unfounded taking possession of the land plots and provision of the guarantees of the rights of land owners and land users.

Аннотация: The article deals with the influence of globalization on international crimes. The author compares statistics of several kinds of crimes, such as illegal drug traffic in developed and developing countries. The author creates his own classification of kinds of international criminality: 1) financial crimes; 2) city crimes; 3) human trafficking; 4) juvenile delinquency; 5) sexual crimes; 6) insanity crimes; 7) female crimes; 8) drug crimes. The author affirms that it is necessary to use qualitative comparative measures, such as “the price of crime” and “factor of criminality.” The price of crime consists of damages from the crime to the society, court taxes and costs for housing of criminals. The author says ironically that the society can afford itself only the crimes, which it could pay for. In conclusion the article deals with characteristics and special features of crimes during the globalization process.

Аннотация: The issues of setup and transformation of Russian criminal law institutions in the period between XV and beginning of XXI centuries are studied in the article; the factors influenced this process (level of social-economic development of the state, political situation in the country, degree of scientific development of legal problems, etc.) are considered in it. The author has estimated first codifying regulatory enactments of the Russian state. An attempt to identify the major evolution stages of the national penal law institutions has been made. View points of different law science schools representatives that had preconditioned vector for Russian criminal law development and development of its institutions are described in the article with reasonable details and compared with each other. In this context, works of well-known Russian academic lawyers devoted to the issues of legal culture and law science, as well as to creation and setup of criminal law institutions have been analyzed. Along with that, attention is emphasized on the fact that, for the purpose of historical retrospect, influence of the law science on formation and classification of penal law institutions, became possible only at a certain historical period. The author in the context of the set forth issues, states that till the XV century, due to identity of the Russian law genesis, reflected, first of all, in reception of the Byzantine law, that was less developed (compared to the Roman law) and in the specifics of language forms used at that time, no tangible need in lawyers as in specific professional people had arisen in Russia, as well as there was no need in apartness of jurisprudence as a specific sphere of human activity. Further the author notes, that the formation of outline sketch of criminal law institutions started with the process of classification of legal norms that have been very fragmentary fixed, at the time when creation of uniform law became the major task for the Russian state. However, till the XIX century Russia lawyers failed to differentiate and classify numerous normative documentations with respect to branches and institutions, they failed to separate criminal norms from the norms related to another spheres. In the author’s opinion, Reforms of Peter the Great that signalized dramatic renovation of normative material, efficient implementation of positive foreign experience and, of course, understanding of necessity for strengthening and unification of legality in the Russian state, had become the impact for theoretical jurisprudence development. At the same time, the most important condition for scientific conceptualization of criminal law institutions became understanding of real independence of legal norms that forms them. Making estimation of doctrinal ideas of criminal law system over the period of national criminal law science existence, the author sates that within the scope of the latter; no unified and completed concept of legal institutions had been ever made. In the author’s view point the science only just now starts to realize this fundamental task. However, the performed study shows, that previous development of criminal law doctrine has created all necessary preconditions for that.

Аннотация: Piracy is an international delict of a penal character. Its features are enumerated in Article 101 of the 1982 UN Convention on the Law of the Sea. Piracy is an illegal act of violence, detention or depredation, committed by a private ship of any state in high seas or in another territory, which does not fall under the jurisdiction of a state. If an act of piracy is committed in the territorial sea then such an illegal act is viewed as armed sea robbery by modern international law and is punished in accordance with the 1988/2005 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. At present piracy is rampant along the Somalian coast, in the Gulf of Aden, in the northeastern part of Africa, in the Strait of Malacca. The article gives examples of piracy actions in these waters and assesses them from the point of view of modern international law. The article contains the analysis of the General Assembly and the Security Council resolutions upon the issues raised and describe the activities of the IMO and other organizations. In the author’s opinion, the elaboration of legal anti-pirate norms and regulations should proceed in five principal directions: elaborating a convention for the suppression of piracy at sea, amending Articles 100-107 of the 1982 UN Convention on the Law of the Sea, implementing the suggestions of establishing an international tribunal, adopting regional conventions, improving national legislation. As shown by the practice, one cannot threaten pirates and sea robbers just by patrolling the caravans of commercial and fishing vessels. What is needed is effective international legal norms and adequate actions on their basis.

Аннотация: The proposed article is devoted to one of the actual problems of the international law – to the problem of the means of the ensuring of the international contracts execution. Dividing practically worked out mechanisms of the ensuring of the international contracts execution onto two big parts – the interstate mechanisms and the mechanisms, working at the international organization ranks, the author tries to concentrate at each of the groups named. The author considers separately different means of the ensuring of the international contracts execution, which could be included into those two groups. For example, such means as the guarantee of one or several states are considered as one of the mechanisms of the ensuring of the international contracts (which can be named the inter-state ones) execution. Moreover, it in noticed that at some cases some specialized organs – the control commissions which could be also considered to be the independent control means (enlisted to be inter-governmental as well) are organized to control the ensuring of the international contracts execution. The fact that the abovementioned mechanism is stressed to be the institutionalized method of the realization of pacta sunt servanda principle. Apart from the creation of the special control commissions such institutionalized method is represented with the creation of international organizations to control the execution of this or those agreements as well. One more control means is the governmental conferences, regularly held with the special aim to examine the concrete international contracts execution. Such means is typically used at the case of the agreement, aimed to the armament regulation or the preservation of the environment. The deposit could also be considered as the inter-governmental means of the international contracts execution security. Such means of the international contracts execution security was often used at the peace treaties guarantee in the past. As to the mechanisms which can be used at the international organization ranks, they are very numerous and are provided in the organization constituent instruments. The International Labor Organization had worked out the most perfect means of international contract execution control. Generally speaking, the creation of the permanent international structures promotes the guarantee of the international contract execution.

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